What is an Abandoned Trademark?
An abandoned trademark refers to a previously registered trademark that the original owner has ceased to use. If you're looking to resurrect an old brand or leverage its name for a new business venture, an abandoned trademark may present a valuable opportunity. By claiming and using a mark that has been left inactive, you could tap into an existing customer base, potentially revitalizing the brand even in different regions or markets. However, before proceeding, it’s essential to confirm whether the trademark has truly been abandoned and is available for registration.
For those in the United States, it’s crucial to fully understand the trademark registration process before attempting to register an abandoned mark. If the procedures aren't followed correctly, your application could be rejected by the USPTO (United States Patent and Trademark Office). Our Trademark Savior consultants offer comprehensive guidance on how to successfully navigate the trademark registration system and avoid pitfalls.
Can a Trademark Be Cancelled for Non-Use?
Trademarks are meant to be used in commerce, and failing to do so can lead to their cancellation. If a trademark has not been actively used within the first five years of registration, the Intellectual Property Office (IPO) has the authority to revoke the registration. This opens up the possibility for businesses to claim a trademark that has been abandoned and use it for their own purposes.
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- It is possible for anyone to request the cancellation of a trademark.
- Trademark that has not been used for five years, can be filed for use
- You can start from the day after the fifth anniversary of its registration.
How to Claim a Abandoned Trademark
To claim an abandoned trademark, you must submit the necessary forms and pay the required fees to the USPTO. Your application must demonstrate that the trademark has not been in use for a certain period. The original trademark owner has the right to contest this by showing that they have used the mark within the last five years. If they fail to provide proof of usage, the mark may be open for cancellation and your claim will be considered.
If you choose to move forward with the legal process, it’s essential to seek guidance from an intellectual property lawyer to ensure the correct procedures are followed. Trademark Savior offers the support you need, from consultations to full legal representation, ensuring that you can secure the trademark with confidence.
How Trademark Savior Can Assist You
With Trademark Savior, you have a team of legal professionals who specialize in trademark law and have assisted businesses from a variety of industries—from e-commerce entrepreneurs to restaurant owners, fashion brands, and service providers. Whether you need help deciding whether to pursue an abandoned trademark or are ready to begin the process, our team is here to support you.
By subscribing to our services for a low monthly fee, you’ll have unlimited access to legal advice, document drafting, and expert guidance throughout the trademark registration process.
Thorough Search and Evaluation
We’ll begin by collecting essential details about the trademark you wish to claim, including information about your business and the goods or services it covers. Our team will perform an extensive search to verify the trademark’s availability.
Negotiation with the Trademark Owner
Before moving forward with any legal action, we recommend reaching out to the current trademark holder to explore the possibility of purchasing or transferring the mark.
Trademark Registration Process
Once due diligence is complete and we’ve ensured that the trademark is available, we will prepare and file your application with the USPTO to secure your trademark registration.